Clive Coleman discusses Prince Harry’s settlement with NGN on The World Tonight
Our Senior Partner Clive Coleman was interviewed by James Coomarasamy on BBC Radio 4’s The World Tonight, discussing this week’s settlement in the long running dispute between Prince Harry and former Labour deputy leader Lord Tom Watson, and News Group Newspapers (NGN).
NGN, the publishers of The Sun and the now defunct News of the World, agreed to pay substantial damages and costs – understood to be in the region of £10 million. It issued an apology over serious unlawful intrusion into the Duke of Sussex’s private life over a 15 year period between 1996 and 2011, including incidents of unlawful activities carried out by private investigators working for The Sun. NGN also unequivocally apologised to Lord Watson for the unwarranted intrusion into his private life during his time in Government by the News of the World between 2009-2011.
Clive highlighted how Prince Harry has won a “resounding victory.” For over a decade, NGN has been repeatedly stated that had been no unlawful news gathering activity at The Sun. Yesterday’s settlement with Prince Harry and Lord Watson now confirms quite the opposite.
NGN had settled more than 1,300 claims in the wake of the phone hacking scandal, Clive continued, with only Prince Harry and Lord Watson refusing to settle.
Settlements were achieved through a mechanism known as a Part 36 offer. It allows defendants to make a settlement offer to the claimants (and vice versa). Judged well, it will exceed what a party can possibly achieve in damages at trial. If the offer is not accepted and the case fights with the claimants winning less in damages than the Part 36 offer, they will be liable for the legal costs on both sides from the time of the Part 36 offer. This is critically important because, as Clive explained, the costs dwarf damages in such cases. That means that a claimant who fails to beat a Part 36 offer will be liable to pay millions in costs. It makes Part 36 “offers a claimant can’t refuse” without facing financial ruin.
However, Prince Harry’s case was deeply personal and he continued on. The Prince only accepted a settlement offer when NGN were prepared to admit to and apologies for unlawful acts at the Sun, as well as the News of the World.
When asked about how NGN will be feeling about this settlement, Clive commented that they would likely be relieved. “This raft of litigation has been going on for over a decade. It is the end of a very long story that has cost them well over a billion pounds.”
Listen to Clive’s interview on BBC Sounds, here (at 28:45).
(Image credit: PA Media)